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Safety and Security are vital to america’S proSperity. Broadband can help public safety
personnel prevent emergencies and respond swiftly when they occur. Broadband can also pro-
vide the public with new ways of calling for help and receiving emergency information.
A cutting-edge public safety communications system uses Finally, well-structured and well-protected broadband
broadband technologies: networks could reduce threats to Internet-based applications.
➤ To allow first responders anywhere in the nation to send The proliferation of Internet Protocol (IP)-based communica-
and receive critical voice, video and data to save lives, re- tions requires stronger cybersecurity. Disasters and pandemics
duce injuries and prevent acts of crime and terror. can lead to sudden disruptions of normal IP traffic flows. As a
➤ To ensure all Americans can access emergency services result, broadband communications networks must be held to
quickly and send and receive vital information, regardless high standards of reliability, resiliency and security.
of how it is transmitted. The recommendations in this chapter are designed to realize
➤ To revolutionize the way Americans are notified about this vision.
emergencies and disasters so they receive information vital
to their safety.
➤ To reduce threats to e-commerce and other Internet-based RECOMMENDATIONS
applications by ensuring the security of the nation’s broad-
band networks. Promote public safety wireless broadband communications
➤ Create a nationwide interoperable public safety wireless
Unfortunately, the United States has not yet realized the broadband communications network (public safety broad-
potential of broadband to enhance public safety. Today, first band network).
responders from different jurisdictions and agencies often can- ➤ Survey public safety broadband wireless infrastructure
not communicate during emergencies. Emergency 911 systems and devices.
still operate on circuit-switched networks. Similarly, federal, ➤ Ensure that broadband satellite service is a part of any
Tribal, state and local governments use outdated alerting sys- emergency preparedness program.
tems to inform the public during emergencies. ➤ Preserve broadband communications during emergencies.
The United States also faces threats to the resiliency
and cybersecurity of its networks. As the world moves on- Promote cybersecurity and the protection of critical
line, America’s digital borders are not nearly as secure as its broadband infrastructure
physical borders. ➤ The Federal Communications Commission (FCC) should
The country must do better. In a broadband world, there is a issue a cybersecurity roadmap.
unique opportunity to achieve a comprehensive vision for en- ➤ The FCC should expand its outage reporting requirements
hancing the safety and security of the American people. Careful to broadband service providers.
planning and strong commitment could create a cutting-edge ➤ The FCC should create a voluntary cybersecurity certifica-
public safety communications system to allow first responders tion regime.
anywhere in the nation to communicate with each other, send- ➤ The FCC and the Department of Homeland Security (DHS)
ing and receiving critical voice, video and data to save lives, should create a cybersecurity information reporting system
reduce injuries and prevent acts of crime and terror. (CIRS).
Broadband can also make 911 and emergency alert systems ➤ The FCC should expand its international participation and
more capable, allowing for better protection of lives and prop- outreach.
erty. For example, with broadband, 911 call centers (also known ➤ The FCC should explore network resilience and
as public safety answering points or PSAPs) could receive text, preparedness.
pictures and videos from the public and relay them to first ➤ The FCC and the National Communications System (NCS)
responders. Similarly, the government could use broadband should create priority network access and routing for
networks to disseminate vital information to the public during broadband communications.
emergencies in multiple formats and languages. ➤ The FCC should explore broadband communications’ reli-
ability and resiliency.
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Encourage innovation in the development and deployment ➤ ensure there is a mechanism in place to promote in-
of Next Generation 911 (NG 911) networks and emergency teroperability and operability of the network.
alert systems ➤ establish a funding mechanism to ensure the network is
➤ The National Highway Traffic Safety Administration deployed throughout the united states and has neces-
(NHTSA) should prepare a report to identify the costs of sary coverage, resiliency and redundancy.
deploying a nationwide NG 911 system and recommend that ➤ conform existing programs to operate with the public
Congress consider providing public funding. safety broadband network.
➤ Congress should consider enacting a federal regulatory
framework. The country has long recognized the potential for broad-
➤ The FCC should address IP-based communications devices, band technologies to revolutionize emergency response
applications and services. wireless mobile communications. This technology will give
➤ The FCC should launch comprehensive next-generation first responders new tools to save American lives. The coun-
alert system inquiry. try needs a public safety broadband network that allows first
➤ The Executive Branch should clarify agency roles on the responders to communicate with one another. A three-pronged
implementation and maintenance of a next-generation approach will allow the speedy deployment, operation and
alert and warning system. continued evolution of such a network.
First, an administrative system must ensure that users of
the public safety broadband spectrum have the capacity and
16.1 PROMOTINg service they require for their network and can leverage com-
mercial technologies to capture economies of scale and scope.
PublIC SAfETy There are significant benefits, including cost efficiencies and
improved technological advancement, if the public safety
WIRElESS bROADbAND community can increasingly use applications and devices
developed for commercial wireless broadband networks.
COMMuNICATIONS Ultimately, this system must be flexible, allowing public safety
entities to forge incentive-based partnerships with commercial
REcommENdatioN 16.1: create a public safety broadband operators and others.1
network. This system will allow the public safety community to real-
➤ create an administrative system that ensures access to ize the benefits of commercial technologies, which will reduce
sufficient capacity on a day-to-day and emergency basis. costs and ensure the network evolves. However, leveraging
Exhibit 16-A :
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commercial broadband will not be sufficient to develop a truly support to local efforts in order to fund the capital and ongo-
interoperable nationwide network that meets public safety ing costs of the public safety broadband network. The grant
standards. To ensure the necessary resiliency, capacity and re- program must provide public safety network operators with
dundancy, the public safety community should be able to roam long-term support and enough flexibility to form appropriate
and obtain priority access on other commercial broadband partnerships with systems integrators and other vendors to en-
networks. Commercial operators will need to be compensated sure the public safety broadband network is deployed properly.
at a reasonable rate for this service.
Past efforts to create a public safety narrowband interoper- administrative System
able voice network have failed. Data suggest that many public In 1997, Congress directed the FCC to provide public safety
safety radio systems lack basic interoperability. They also sug- agencies with spectrum in the 700 MHz band, considered
gest that most jurisdictions that have improved their systems prime spectrum for public safety communication. In 2007,
still only have an “intermediate” level of interoperability at the FCC adopted rules to promote the construction, deploy-
best—not the advanced level of interoperability that is required ment and operation of a nationwide and seamless wireless 700
for truly seamless communications in the event of a major MHz public safety broadband network4 by creating a manda-
emergency.2 The public safety broadband network offers a new tory partnership between the public safety community and the
opportunity to achieve advanced interoperability now. private licensee of a 700 MHz commercial spectrum allocation
In addition to a strong administrative system, the FCC known as the “D block.” The FCC subsequently held an auction
should also create an Emergency Response Interoperability in which the D block spectrum failed to attract a required mini-
Center (ERIC) to ensure that these applications, devices and mum bid. There are many possible reasons for this failure.5
networks all work together, so that first responders nationwide The FCC should overcome past challenges by encouraging,
can communicate with one another seamlessly. In addition, though not requiring, incentive-based partnerships to ensure
the Federal Emergency Management Agency (FEMA) should success. The FCC should encourage network solutions that
undertake a survey to track progress on broadband interopera- reduce costs and should provide options for the public safety
bility for the public safety community. ERIC will set the course community to leverage commercial networks, private networks
for interoperability immediately and ensure it is maintained. or both.6 These rules should also provide the public safety
Focusing on interoperability from the beginning should help community with more competitive choice among commercial
the public safety broadband network to overcome the difficul- partners. In addition, once the new network is able to sup-
ties faced by other earlier voice efforts. port “mission critical” voice communications, the FCC should
Finally, a grant program will be designed to provide federal evaluate the spectrum requirements necessary to ensure
adequate capacity for that use, as well as for existing networks.
Ultimately, a more flexible set of rules should allow a better
balance between the needs of the public safety community and
Realizing the Promise of chest or wrist can detect vital the companies that will partner to build this network.
Broadband to Improve signs and wirelessly transmit
In more detail, this administrative system should include:
Emergency Medical this information to Dr. Katz
➤ An opportunity to enter flexible spectrum-sharing partner-
Response over GWU’s mVisum network.
ships with commercial operators. The public safety com-
Cardiologist Richard Katz He can receive electrocardio-
munity must be able to partner with commercial operators
knows the life-saving poten- grams of “pristine” quality
and others (such as systems integrators) to lower the costs
tial of broadband. During an on his cell phone. And he
of building the network and encourage its evolution. Unlike
FCC field hearing at George- can use his phone to access
town University Medical Cen- patient medical records and the previous approach that focused solely on the D block,
ter, the George Washington disseminate emergency mes- an incentive-based partnership model that addresses not
University (GWU) professor sages and alerts. In short, just the D block, but commercial wireless spectrum more
of medicine vividly detailed broadband technologies allow broadly, will provide enhanced flexibility and the benefits
how wireless broadband Dr. Katz to integrate aspects of economies of scale. Such partnerships should be subject
technologies can help him of medical care, improving to interoperability requirements set forth by ERIC. Public
provide emergency medical his ability to offer assistance safety licensees should also be able to allow non-public safety
care. A “smart band-aid” at- during a disaster or other partners to use their spectrum on a secondary basis—that can
tached to an accident victim’s emergency. be preempted—through leasing or similar mechanisms. Part-
ners could include critical infrastructure users such as utili-
ties connecting to the Smart Grid.7 However, any revenues
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received by a public safety entity for such use must be used to potential users and allow public safety entities to ben-
build or improve the public safety broadband network. efit from commercial economies of scale that otherwise
➤ Public safety access to roaming and priority access on com- would not exist. Before the D block is auctioned, it must
mercial networks. To improve the capacity of public safety be clear that any D block licensee(s) will be required to
networks during emergencies, the FCC should begin a rule- provide roaming and WPS-like priority access with reason-
making to require commercial mobile radio service provid- able compensation.
ers to give public safety users the ability to roam on com- Second, it is critical to develop commercial devices that
mercial networks in 700 MHz and potentially other bands. can operate across 3GPP Band 14 in its entirety. (Band 14
The public safety community should have this ability both in the 700 MHz band includes the D block and the public
in areas where public safety broadband wireless networks safety broadband spectrum.) Accordingly, the FCC should
are unavailable and where there is currently an operat- require the D block licensee(s), and potentially other 700
ing public safety network but more capacity is required to MHz commercial licensees, to develop and offer devices
respond effectively to an emergency. capable of providing service using all 700 MHz Band 14
The rulemaking also should stipulate that, when a public spectrum and identify a path toward the large-scale produc-
safety broadband wireless network is at capacity or unavail- tion of such devices. Commercial devices should allow the
able, authorized public safety users should get priority public safety community access to better and less expensive
access on commercial networks, including all networks options for use in the public safety spectrum, and will facili-
using the 700 MHz band and potentially other networks tate access to spectrum blocks where the D block licensee
as well. The licensee(s) should be able to obtain prior- and the public safety licensee enter into a shared network
ity access under terms similar to those required in today’s partnership. The FCC should explore other ways to encour-
Wireless Priority Service (WPS). But, unlike WPS, this age the deployment of public safety devices that transmit
capacity should be available for state and local first respond- across the entire broadband portion of the 700 MHz band
ers as well as National Security/Emergency Preparedness (i.e., Band 12, Band 13, Band 14 and Band 17).
(NS/EP) communications. In addition, the priority access ➤ Liability protection for commercial partners. A federal
framework should take advantage of the additional access statute provides wireless, Voice over Internet Protocol
and prioritization capabilities of 4G wireless technolo- (VoIP) and other emergency communications providers
gies. Unlike today’s circuit-switched cellular networks, with immunity or liability protection for carriage of public
4G wireless networks can give public safety data immedi- safety communications that is not less than the immunity
ate priority without waiting for commercial capacity to be or liability protection given to local exchange carriers.9
freed up. Commercial operators should receive reasonable Commercial licensees should have similar liability protec-
compensation for public safety priority access and roaming tion for public safety communications when, for example,
capabilities on their networks. public safety licensees are roaming or using priority access
➤ Licensing the D block for commercial use, with options for on commercial networks or on shared networks supporting
public safety partnership. The FCC should quickly license both commercial and public safety communications.
the D block for commercial use, while implementing several ➤ Leveraging purchasing power. The FCC, working with other
requirements for the D block licensee(s) to maximize op- federal agencies, should explore other cost-saving measures
tions for partnerships with public safety. First, the FCC for the buildout of public safety broadband networks. ERIC
should require the D block licensee(s) and the public safety and DHS should work with the General Services Adminis-
broadband licensee(s) each to operate their networks using tration (GSA) to provide rate schedules that public safety
the same air interface technology standard. The emerging entities can use to access commercial nationwide broad-
consensus of the public safety community and carriers is band networks and to obtain equipment for their networks.
that 700 MHz networks will use the Long Term Evolu- This would generate immediate cost savings and provide
tion (LTE) family of standards. The FCC should consider an important cost benchmark. In addition, state, Tribal
designating this standard.8 A consistent air interface creates and local governments can help lower costs. Infrastructure
a greater likelihood of interoperability between the public sharing can also reinforce network reliability and service
safety and commercial D block networks. It will facilitate continuity among commercial networks, particularly carri-
roaming between networks to improve coverage and access ers entering into incentive-based partnerships with public
for public safety and commercial customers. In addition, a safety organizations.
consistent air interface will encourage a larger number of
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ERic address, at a minimum, operability, roaming, priority ac-
The FCC should create ERIC under the umbrella of the Public cess, gateway functions and interfaces and interconnectiv-
Safety and Homeland Security Bureau immediately. ERIC will ity of public safety broadband networks.
develop common standards for interoperability and operating ➤ Adopt authentication and encryption requirements for com-
procedures to be used by the public safety entities licensed to mon public safety broadband applications and network use.
construct, operate and use this nationwide network. To estab- ➤ Coordinate the interoperability framework of regulations,
lish a common vision, ERIC must exist before any licensees license requirements, grant conditions and technical stan-
begin construction of such a network. This will ensure that gov- dards with other entities (e.g., the public safety broadband
ernment, public safety and the communications industry move licensee(s), DHS, NIST and the National Telecommunica-
away from creating and supporting fragmented public safety tions and Information Administration).
networks for broadband wireless communications.10
ERIC will establish a baseline for the seamless exchange of ERIC should also work with DHS and the public safety com-
public safety wireless broadband communications on a na- munity to ensure that the public safety broadband network and
tionwide, interoperable basis from the start of the network’s public safety narrowband wireless networks can communicate
development. This is crucial to allow responders from vary- with one another seamlessly. ERIC’s public safety advisory
ing jurisdictions and disciplines to communicate with one committee14 will provide input from the public safety commu-
another when they converge at an emergency, or when inci- nity on ERIC’s proposed actions.
dents span several jurisdictions. Similarly, first responders ERIC should work with NIST’s Public Safety Communications
must have access to common applications in any situation or Research Program to ensure that it collaborates in its work on
location.11 To ensure success and leverage existing expertise, research, development, testing, evaluation and standards with
ERIC should be chartered to work closely with DHS’s Office both the public safety community and industry. No federal
of Emergency Communications (OEC). Close coordination laboratory facilities exist to independently test and demon-
will enable ERIC to complement OEC’s mission of creating strate public safety 700 MHz broadband technologies. Creating
standard operating procedures and governance to ensure that a neutral host facility will allow all stakeholders to work to-
public safety communications flow over a seamless network. gether to develop a nationwide seamless public safety wireless
ERIC also should have a public safety advisory body to ensure broadband network and ensure that commercial broadband
appropriate consultation.12 standards can meet public safety’s specific requirements. This
The FCC’s FY2011 budget proposes $1.5 million in funding will help make networks and equipment compatible for public
to establish ERIC and support initial staffing requirements. safety use.
As ERIC and the proposed broadband networks mature, about NIST has announced that it is moving forward with devel-
$5.5 million will be necessary each year starting in FY2012 for opment of a demonstration 700 MHz public safety broadband
ERIC to be fully functional.13 These additional funds will allow network in FY2010. Congress should consider allocating long-
the FCC to partner with the National Institute of Standards term public funding to continue this and other programs that
and Technology (NIST) to develop appropriate standards support the new public safety network.
and to maintain ERIC’s expertise. The funds will also en-
sure adequate staffing to address the three core functions of Grant Program
ERIC: network engineering, network technical operations Development of a nationwide public safety broadband network
and network governance. In addition, Congress should con- through incentive-based partnerships will make Americans
sider providing DHS $1 million of public funding in FY2011, as safer and more secure.15 A grant program will give public safety
proposed in its budget, and each year thereafter. The funding its own “hardened” broadband wireless access network; ensure
will help DHS to coordinate ERIC with OEC and relevant DHS that the most vulnerable areas of the United States have the
entities, and enhance OEC outreach to Tribal, state and local coverage they require; provide public safety with additional
agencies. capacity and resiliency via access to nearby commercial spec-
At a minimum, ERIC should: trum; ensure that the emergency response community has the
➤ Adopt technical and operational requirements and proce- tools it requires; and optimize the effective use of resources.
dures to ensure a nationwide level of interoperability; this As shown in Exhibit 16-B, a multi-pronged approach will
should be implemented and enforced through FCC rules, provide public safety with greater dependability, capacity and
license and lease conditions and grant conditions. cost savings. First, the hardened network will provide reliable
➤ Adopt and implement other enforceable technical, interop- service throughout a wide area. Second, since emergency re-
erability and operational requirements and procedures to sponders will be able to roam on commercial networks, capacity
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and resiliency will improve, at a reasonable cost. Third, localized A single grant-making agency, in coordination with ERIC,
coverage will improve through the use of fixed microcells—like should structure the funding to ensure the network is built
those that provide indoor coverage in skyscrapers—and mobile efficiently. The grant-making agency should have flexibility to
microcells, which can be placed in fire trucks, police cars and limit the time that a grant recipient has to spend any granted
ambulances. Fourth, equipment can be retrieved from caches funds. It should also ensure that the money spent is accounted
and used during a disaster when infrastructure is destroyed or for through reporting and auditing requirements. The grant-
insufficient or unavailable. Grants to support the public safety making agency should encourage grant recipients to enter into
broadband network should be distributed by a single agency to infrastructure-sharing agreements, where appropriate, with
streamline operations, reduce costs and ensure that grants are entities deploying broadband networks with support from
made in a consistent manner. The grants should only fund proj- other grant programs. Such arrangements should be reviewed
ects that comply with ERIC requirements and should be made annually, and any savings they generate should be taken into
for the following four purposes: account when allocating funds for each program.
➤ Construction of a public safety 700 MHz broadband net- The public safety broadband network requires a substantial
work that involves partnerships and uses commercial infra- investment. Using a 99% population coverage model,17 de-
structure, the public safety infrastructure or both through ployment of this network will require as much as $6.5 billion
incentive-based partnerships. in capital expenditure in 2010 dollars over a 10-year period,
➤ Coverage of the rural areas within the network’s which can be reduced through efficiency measures such as state
geography. and local programs and USF.18 Initial public funding for the
➤ Hardening of the existing commercial network and new capital requirement should commence in a timely manner to
sites that operate as part of the public safety network enable the public safety network to benefit from the planned
(including covering non-recurring engineering costs for pri- build-outs of the private 4G wireless broadband networks,
ority broadband wireless).16 which are scheduled to begin in 2010. Congress should consid-
➤ Development of an inventory of deployable capability for the er providing the bulk of these funds in the second to fifth years
700 MHz public safety band. of the network’s construction.
Exhibit 16-B :
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Ongoing costs, including operating expense and appropriate Congress should also consider enabling FCC the to implement
network improvement costs are expected to rise from zero at the or authorize mechanisms to collect, manage, audit and sup-
beginning of FY2011 to a peak of as much as $1.3 billion per year port the grant-making agency’s disbursement of these funds.
in year 10 of the capital build program, following a substantial Receipts would fund the grant-making agency’s program for
ramp-up that coincides with the network’s expansion.19 public safety broadband operations and evolution. Strict condi-
The total present value of the capital expenditure and ongo- tions must be established to prohibit any diversion of these
ing costs over the next 10 years is approximately $12–16 billion. funds by state and local governments, and require adherence to
State and local governments could contribute funds to cover ERIC-developed standards. The grant-making agency should
some of these costs, and there may be additional cost-saving be authorized to determine how to best allocate these funds
methods that reduce this estimate—such as sharing federal to ensure an appropriate balance among urban, suburban and
infrastructure, working with utilities, or use of state and local rural users and to require grant recipients to account for the
tower sites to improve coverage. This undertaking is also ex- funds they receive. And it should distribute the funds in a way
pected to produce a significant number of long-term U.S. jobs.20 that also enables the evolution of the network.
It is essential that the United States establish a long-term,
sustainable and adequate funding mechanism to help pay for Existing Programs
the operation, maintenance and upgrade of the public safety In emergencies, the federal government uses an FCC-developed
broadband network. America’s safety depends on it. Congress system called Project Roll Call to determine the operational
should consider creating such a funding mechanism in FY2011, status of wireless and broadcast communications (including
but in any event, no later than FY2012. Recognizing that public safety communications) and to help emergency manag-
Americans will obtain substantial benefits from the creation of ers restore operations when necessary. However, the system
this network, imposing a minimal public safety fee on all U.S. is not designed to operate in a 700 MHz broadband spectrum
broadband users would be a fair, sustainable and reasonable environment. Deployment of a new broadband public safety
funding mechanism. The fee should be sufficient to support the network will require a redesign of Project Roll Call and the pro-
operation and evolution of the public safety broadband network. curement of new equipment to operate over the new spectrum.
It is essential that the public safety community has the funds These efforts will give the federal government the capability it
to operate, maintain and improve this network. All U.S. broad- needs to rapidly restore public safety broadband communica-
band users will benefit from this network. Spreading nominal tions in a disaster or emergency. Accordingly, Congress should
costs among them will ensure that this country’s emergency consider providing an additional $6.9 million no later than FY
responders have access to critical communications capabilities 2012—and $1.9 million of public funding on a recurring annual
when and where they need them. 21 basis—to the FCC for the design and acquisition of enhanced
Congress should consider authorizing the FCC to impose Roll Call systems.
or require the imposition of such a fee or other funding means.
Exhibit 16-C: Public Safety Spectrum Trust • Remote access to criminal databases
Selection of Proposed • High-speed file downloads
• Distribution of surveillance video feeds to on-scene personnel
and Services for the The National Association of State • Medical-quality video
EMS Officials • Multiple vital signs transmission
Public Safety • Real-time resource tracking (e.g., of ambulances)
Broadband Network • Secure transmission of patient records
National Public Safety • Intelligence gathering
Telecommunications Council • Automated inspections
• Environmental monitoring
• Traffic management
AT&T • Location-based services
• Virtual private networking
Telcordia • Real-time command and control
• Logistics and decision support
District of Columbia • Real-time identity management and credentialing
• Interoperability with computer-aided dispatch systems, emergency operation centers
and voice systems
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REcommENdatioN 16.2: survey public safety broadband Current law bars for-profit entities, such as hospitals, broad-
wireless mobile infrastructure and devices. casters and service providers, from receiving federal assistance
There is a lack of detailed information about state and local to maintain or restore communications—including broadband
deployments of public safety broadband networks, infrastruc- and broadcast services—immediately following a disaster.
ture and equipment. FEMA, working with Regional Emergency However, certain for-profit communications entities provide
Communications Coordination working groups, periodically vital services that ensure public safety. Hospitals, for example,
collects data on narrowband systems .22 But there is no system- provide public health information, while broadcasters distrib-
atic study of public safety wireless broadband communications ute important information and warn the public of impending
networks. Documentation of deployment and use of broad- dangers. The inability to maintain or restore broadband service
band by the state, Tribal and local public safety community, may prevent hospitals and public health officials from shar-
including the status of interoperability, will help in evaluating ing time-sensitive information. Loss of power or broadband
programs that support this technology. connectivity also could prevent broadcasters from distributing
Accordingly, Congress should consider providing public health information to the public on a timely basis.26 Without
funding of $3.75 million per year for three years (for a total of federal efforts to maintain and quickly restore broadband and
$11.3 million) to allow FEMA to expand its data collection and broadcast services, the most vulnerable residents could be cut
survey efforts with states and territories. Providing federal, off from essential services such as NG 911, alerts and warnings,
Tribal, state and local governments with up-to-date informa- including Emergency Alert System (EAS) messages.
tion on public safety broadband capabilities can help target Accordingly, Congress should consider amending the Stafford
grants to fill broadband gaps.23 Act to permit limited federal assistance during a disaster to
private, for-profit entities—including health care providers,
REcommENdatioN 16.3: ensure that broadband satellite broadcasters and communications service providers—to maintain
service is a part of any emergency preparedness program. or restore public safety-related critical communications services
Technical factors can affect broadband service during (e.g., public warning and alerts, law enforcement, fire, medical,
disasters,but it is vital that broadband networks operate reli- search and rescue, PSAPs and other emergency services) during
ably and have redundant capabilities in an emergency. A way a major disaster. The Federal Coordinating Officer or Federal
to ensure this is to use existing broadband mobile and fixed Resource Coordinator at the Joint Field Office (JFO)—or, prior
satellite services in an affected area in the event of a disaster to establishment of a JFO, the Operations Section Chief at the
or crisis. Satellites can serve as a communications option and a National Response Coordination Center—should be authorized to
critical source of redundancy, particularly when terrestrial in- decide whether to grant requests for such federal assistance.27 To
frastructure is unavailable. Satellite services may be even more prevent abuse, requests should be granted only for services related
important as a method of communication in the first few hours to operational issues and only for a limited duration, such as 30
or days of a disaster, should terrestrial-based services be dam- days. 28 These statutory and regulatory changes should be made
aged or destroyed—providing unique value for public safety effective prior to the start of the 2010 hurricane season in June,
purposes. Already, several state, local and federal agencies use because of the possibility of frequent and large-scale weather-
broadband satellite service applications for public health, con- related disasters.
tinuity of government and disaster preparedness activities.24
Federal agencies should recommend the use of broadband
fixed and mobile satellite service for emergency prepared- 16.2 PROMOTINg
ness and response activities, as well as for national security,
homeland security, continuity and crisis management.25 These CybERSECuRITy AND
recommendations should be issued when the agencies offer
emergency preparedness and response information guide- PROTECTINg CRITICAl
lines to the emergency response community, or when they
develop plans and programs on emergency response. The U.S. INfRASTRuCTuRE
Government Accountability Office (GAO) should issue a report
on the current and future capability of satellite broadband to Improving Cybersecurity
provide necessary service during an emergency. Communications providers have experienced frequent attacks on
critical Internet infrastructure. A variety of state and non-state
REcommENdatioN 16.4: preserve broadband communica- entities has demonstrated the ability to steal, alter or destroy
tions during emergencies. data and to manipulate or control systems designed to ensure the
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functioning of portions of our critical infrastructure. Additional the FCC, other federal agencies and, as appropriate, service
safeguards may be necessary to protect our nation’s commercial providers to analyze information on outages affecting IP-based
communications infrastructure from cyberattack. Such safe- networks. The information also will help prevent future out-
guards could promote confidence in the safety and reliability of ages and ensure a better response to actual outages.
broadband communications and spur adoption. The timely and disciplined reporting of network outages will
help protect broadband communications networks from
REcommENdatioN 16.5: the Fcc should issue a cyberse- cyberattacks, by improving the FCC’s understanding of the
curity roadmap. causes and how to recover. This will help improve cybersecurity
Admiral Mike McConnell, former Director of National and promote confidence in the safety and reliability of broad-
Intelligence, said recently that “the United States is fighting band communications.31
a cyber-war today, and we are losing.”29 He noted that “to the
extent that the sprawling U.S. economy inhabits a common REcommENdatioN 16.7: the Fcc should create a volun-
physical space, it is in our communications networks.”30 The tary cybersecurity certification program.
country needs a clear strategy for securing the vital communi- Many Internet users apparently do not consider cybersecu-
cations networks upon which critical infrastructure and public rity a priority. Nearly half of all businesses in the 2009 Global
safety communications rely. Within 180 days of the release State of Information Security Study reported that they are
of this plan, the FCC should issue, in coordination with the cutting budgets for information security initiatives. A 2008
Executive Branch, a roadmap to address cybersecurity. The Data Breach Investigations Report concluded that 87% of
FCC roadmap should identify the five most critical cybersecu- cyber breaches could have been avoided if reasonable security
rity threats to the communications infrastructure and its end controls had been in place.32 The FCC should explore how to
users. The roadmap should establish a two-year plan, including encourage voluntary efforts to improve cybersecurity.
milestones, for the FCC to address these threats. The FCC should begin a proceeding to establish a voluntary
cybersecurity certification system that creates market incen-
REcommENdatioN 16.6: the Fcc should expand its outage tives for communications service providers to upgrade their
reporting requirements to broadband service providers. network cybersecurity. The FCC should examine additional
Today the FCC currently does not regularly collect outage voluntary incentives that could improve cybersecurity as and
information when broadband service providers experience improve education about cybersecurity issues, and including
network outages. This lack of data limits our understanding of international aspects of the issues. A voluntary cybersecurity
network operations and of how to prevent future outages. The certification program could promote more vigilant network
FCC should initiate a proceeding to extend FCC Part 4 outage security among market participants, increase the security of
reporting rules to broadband Internet service providers (ISPs) the nation’s communications infrastructure and offer end-
and interconnected VoIP providers. Such reports will allow users more complete information about their providers’
Exhibit 16-D :
The Cyber World
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cybersecurity practices. In this proceeding, the FCC should of physical failures—either malicious or non-malicious—and
consider all measures that will promote confidence in the under severe overload. This will allow the FCC to assess the
safety and reliability of broadband communications. 33 ability of next-generation public safety communications sys-
tems to withstand direct attacks and to determine if any actions
REcommENdatioN 16.8: the Fcc and the department of should be taken in this regard.
homeland security (dhs) should create a cybersecurity This proceeding should also examine commercial networks’
information reporting system (cirs). preparedness to withstand overloads that may occur during
The FCC, other government partners and ISPs lack “situ- extraordinary events such as bioterrorism attacks or pandem-
ational awareness” to allow them to respond in a coordinated, ics. DHS has developed pandemic preparedness best practices
decisive fashion to cyber attacks on communications infra- for network service providers, but adherence to these voluntary
structure. The FCC and DHS’s Office of Cybersecurity and standards is not tracked. For example, a surge in residential
Communications together should develop an IP network CIRS broadband network use during a pandemic or other disas-
to accompany the existing Disaster Information Reporting ter could hinder network performance for critical users and
System. CIRS will be an invaluable tool for monitoring cyber- applications by hindering the flow of time-sensitive medi-
security and providing decisive responses to cyberattacks. cal and public health information over public networks. This
CIRS should be designed to disseminate information rapidly proceeding will give the FCC insight into pandemic prepared-
to participating providers during major cyber events. CIRS ness in commercial broadband networks. In addition, it will
should be crafted as a real-time voluntary monitoring system yield important information about the susceptibility of such
for cyber events affecting the communications infrastructure. networks to severe overloads and how network congestion on
The FCC should act as a trusted facilitator to ensure any shar- residential-access networks—particularly in the “last mile”—
ing is reciprocated and that the system is structured so ISP may undermine public safety communications and 911 access
proprietary information remains confidential. during a pandemic or other large-scale event.34
REcommENdatioN 16.9: the Fcc should expand its inter- REcommENdatioN 16.11: the Fcc and the national commu-
national participation and outreach. nications system (ncs) should create priority network access
The FCC should increase its participation in domestic and and routing for broadband communications.
international fora addressing international cybersecurity Broadband users in the public safety community have no
activities and issues. It should also engage in dialogues and system of priority access and routing on broadband networks.
partnerships with regulatory authorities addressing cybersecu- Such a system is critical to protect time-sensitive, safety-of-
rity matters in other countries. This should include outreach to life information from loss or delay due to network congestion.
foreign communications regulators and international organi- While technical work is under way to allow the creation of such
zations about elements of the National Broadband Plan (see a system, no corresponding set of FCC rules exists to sup-
Chapter 4 which discusses international outreach). The FCC port it. The FCC and the National Communications System
should also continue to review other nations’ and organiza- (NCS) should leverage their experience with the Government
tions’ cybersecurity activities so it is better aware of those Emergency Telecommunications Service (GETS) and the
activities as they relate to U.S. domestic policies. And it should WPS to jointly develop a system of priority network access and
continue to participate in domestic initiatives that relate to traffic routing for national security/emergency preparedness
cybersecurity activities in the international arena. (NS/EP) users on broadband communications networks. The
Executive Branch should consider clarifying a structure for
critical infrastructure Survivability agency implementation and delineating responsibilities and
key milestones; the order should be consistent with national
REcommENdatioN 16.10: the Fcc should explore network policies already in existing presidential documents.The FCC
resilience and preparedness. and NCS should jointly manage this program.
Simultaneous failure of or damage to several IP network
facilities or routers could halt traffic between major metropoli- REcommENdatioN 16.12: the Fcc should explore standards
tan areas or between national security and public safety offices. for broadband communications reliability and resiliency.
Because many companies colocate equipment, damage to cer- For years, communications networks were designed and
tain buildings could affect a large amount of broadband traffic, deployed to achieve “carrier-class” reliability. As the commu-
including NG 911 communications. The FCC should begin an nications infrastructure migrates from older technologies to
inquiry into the resilience of broadband networks under a set broadband technology, critical communications services will be
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carried over a communications network that may or may not be Enhanced 911 (E911) while adding new 911 capabilities in mul-
built to these high standards. The potential decline in service tiple formats, such as texting, photos, video and e-mail. NG911
reliability is a concern for critical sectors, such as energy and also will integrate entities involved in emergency response
public safety, and for consumers in general. The FCC should beyond the PSAP (see Exhibit 16-E.). This will vastly improve
begin an inquiry proceeding to gain a better understand- the quality and speed of response, giving all callers—includ-
ing of the reliability and resiliency standards being applied ing people with disabilities—equal service. The possibility of
to broadband networks. The proceeding should examine the sending video and photographs to the PSAP will transcend
standards and practices applied to broadband infrastructure at language barriers and provide eyewitness-quality information
all layers, from applications to facilities. Its objective should be to give first responders the most relevant information at the
to determine what action, if any, the FCC should take to bolster scene of an emergency. NG911 will provide a more interoper-
reliability of broadband infrastructure. able and integrated emergency response capability for PSAPs,
first responders, hospitals and other emergency response
16.3 lEVERAgINg The four fundamental purposes of NG911 are to:
➤ Replace the E911 system while retaining its core functions,
bROADbAND such as automatic location information and automatic
TECHNOlOgIES TO ➤ Add capabilities to support 911 access in multiple formats
for all types of originating service providers, application
ENHANCE EMERgENCy developers and device manufacturers.
➤ Increase system flexibility, redundancy and efficiency for
COMMuNICATIONS PSAPs and 911 governing authorities.
➤ Add capabilities to integrate and interoperate with entities
WITH THE PublIC involved in emergency response beyond the PSAP.
The Move to Next Generation 911 Broadband will make it possible for PSAPs to push and
The nation’s 911 system is evolving toward supporting NG911, pull video, images, medical information, environmental
which will integrate the core functions and capabilities of
Exhibit 16-E :
Call Flow in NG91135
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Exhibit 16-F :
NG911 Will Enable
the Public to Access
911 Through Text
Messaging (SMS) and
Exhibit 16-G :
of Current and Next-
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sensor transmissions and a host of other data through shared It is critical that the NG911 system is developed in a way
databases and networks. This will make it easier for the pub- that most effectively ensures Americans can access 911 systems
lic—including persons with disabilities—to access 911 services. anytime and anyplace. (see Exhibit 16-G for differences between
Users will be able to transmit voice, text or images to PSAPs the architecture of current legacy 911 and NG911 systems.)
from a variety of broadband-capable devices. Further, the NG911 system must be able to quickly communicate
caller-generated information to first responders. U.S. policy on
Using Broadband to Bridge the Gap to NG911 NG911 should focus on fosteringrapid transition from analog,
Many in the public safety community lack access to broadband voice-centric 911 and emergency communications systems to a
services.36 Some PSAPs are located in areas where broadband broadband-enabled, IP-based emergency services model.
communications are unavailable.37 Many PSAPs cannot afford
broadband connectivity, and existing grant programs are not REcommENdatioN 16.13: the national highway traffic
focused on long-term funding activities. Further, regulatory safety administration (nhtsa) should prepare a report to
roadblocks have hindered NG911 deployment. A more efficient identify the costs of deploying a nationwide ng911 system
transition needs to be developed to support these services. and recommend that congress allocate public funding.
The transition from the legacy 911 system to NG911 has The lack of coordinated funding is a significant roadblock
begun. Public safety and industry standards organizations for NG911 deployment. Several agencies administer existing
have reached a consensus on NG911 technical architecture to grant and loan programs without any central coordination or
meet demands posed by new forms of technology and methods uniform criteria.40 Moreover, limited information has been
of communication. The U.S. Department of Transportation developed on the potential cost of NG911 implementation.
(DOT) has published a transition plan for NG911 migration.38 Though DOT estimated in mid-2008 that the total cost of
Several states and localities have begun deploying NG911. At implementing and operating a nationwide NG911 system over
least one ongoing live test of 911 texting is underway39 (see the next 20 years would be $82 to $87 billion,41 the country
Exhibit 16-F). requires a more detailed and targeted report to help Congress
Yet financial and regulatory barriers hinder NG911 develop a grant program. A NHTSA analysis should deter-
implementation. Grant programs that support NG911 are mine detailed costs for specific NG911 requirements and
uncoordinated and limited in scope. Inconsistent, overlap- specifications, and specify how costs would be broken out
ping and outdated state and federal regulations have slowed geographically or allocated among PSAPs, broadband service
NG911 development. providers and third-party providers of NG911 services. The
NHTSA report should also address the current state of NG911
readiness among PSAPs and how differences in PSAP access to
broadband across the country may affect costs.
Congress should consider providing public funding for
Iowa 911 Call Center Becomes the cumbersome process of NHTSA to analyze the costs of deploying a nationwide NG911
First to Accept Texts42 having a deaf person using a
system. The report should be completed by Dec. 1, 2011. It
An emergency call center in keyboard to write a message,
should include a technical analysis and cost study of different
Black Hawk County, Iowa, be- which is then delivered via a
delivery platforms—such as wireline, wireless and satel-
came the first in the nation to relay center to the operator
lite—and an assessment of the architectural characteristics,
accept text messages sent to answering the call. An added
feasibility and limitations of NG911 delivery. The report also
“911” in August 2009. “I think advantage is that 911 opera-
should include an analysis of the needs of persons with disabili-
there’s a need to get out tors can text back.
front and get this technology While voice communi- ties and should identify standards and protocols for NG911 and
available,” Black Hawk County cation is still the primary for incorporating VoIP and “Real Time Text” standards.43 The
police chief Thomas Jennings method for 911 communica- report should be a resource for Congress as it considers creat-
told the Associated Press. tions, this new wave of Next ing a coordinated, long-term funding mechanism for NG911
Black Hawk County’s system Generation 911 capability is deployment and operation, accessibility, application develop-
is designed so people with just one example of the way ment, equipment procurement and training. This analysis is
speech and hearing impedi- the nation is modernizing its essential to identify funding requirements for the implementa-
ments can text 911 for emer- 911 system to better serve tion of NG911.
gency services. It eliminates the public.
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REcommENdatioN 16.14: congress should consider enact- services and help ensure NG911 is deployed in an interoperable
ing of federal ng911 regulatory framework. and reliable fashion.
Federal and state regulations that focus on legacy 911 systems
have hampered NG911 deployment.44 Many rules were written REcommENdatioN 16.15: the Fcc should address ip-based
when the technological capabilities of NG911 did not exist.45 ng911 communications devices, applications and services.
Congress should consider establishing a federal legal and regula- The FCC is considering changes to its location accuracy
tory framework for development of NG911 and the transition requirements and the possible extension of Automatic Location
from legacy 911 to NG911 networks. This framework should re- Identification (ALI) requirements to interconnected VoIP
move jurisdictional barriers and inconsistent legacy regulations services.46 The FCC should expand this proceeding to explore
and provide legal mechanisms to ensure efficient and accurate how NG911 may affect location accuracy and ALI.
transmission of 911 caller information to emergency response The current 911 system will also need to be re-evaluated as
agencies. Without such a comprehensive framework and a broadband-based communications continue to proliferate. The
funding mechanism, it is unlikely all Americans will receive the 911 system mainly provides a voice-centric communications
benefits of NG911 in the near term. platform between the public and 911 operators. However, the
The legislation should recognize existing state authority deployment of different types of communications, devices, ap-
over 911 services but require states to remove regulatory road- plications and services has meant consumers are changing their
blocks to NG911 development. It should also give the FCC the expectations about how they can access 911. Many consumers, for
authority to implement a NG911 federal regulatory framework, example, already have come to expect they may send non-voice
eliminate outdated 911 regulations at the federal level and pre- communications, such as short text messages and multimedia
empt inconsistent state regulations. This legislation should be messages, to PSAPs. But PSAPs typically cannot receive such
coordinated with the NHTSA report to ensure federal regula- communications. The national strategy for NG911 deployment
tion of NG911 is consistent. should be designed to meet future consumer expectations.
Congress should also consider steps to curtail Tribal, New broadband-based devices and applications may not
state and local use of 911 funds for purposes other than 911. offer the traditional voice and “call” capabilities that wireless
In the FCC’s “Report to Congress on State Collection and or VoIP phones do today. Thus, consumers may assume they
Distribution of 911 and Enhanced 911 Fees and Charges” for can reach PSAPs via various IP-based communications modes.
the year ending Dec. 31, 2008, some states reported that 911/ Non-voice methods of communicating with 911 would have
E911 funds collected at the state level are or may be used, at the added benefit of promoting accessibility to 911 for non-
least in part, to support non-911 and E911 programs. English-speaking persons and persons with disabilities. Thus,
Congress should also consider amending and reauthorizing the FCC should initiate an additional proceeding to address
the ENHANCE 911 Act and restoring the E911 Implementation how NG911 can accommodate communications technologies,
Coordination Office (ICO) with appropriate funding. ICO can networks and architectures beyond traditional voice-centric
build upon its prior work with wireless and IP-enabled 911 devices. It should also explore how public expectations may
evolve in terms of the communications platforms the public
BoX 16-3: would rely upon to request emergency services.
Emergency Alert Pago Pago Harbor began to Moving Toward Next-Generation Alerting
System Saves Lives in rise. This EAS alert warned Building on today’s emergency alerting technology, FEMA
American Samoa47 residents to evacuate the has taken steps to develop an Integrated Public Alert and
On Sept. 29, 2009, an 8.1 area. Upon receiving the alert, Warning System (IPAWS) that will lead to a next-generation
magnitude earthquake trig- a pastor from the village of public alert and warning system.48 The IPAWS vision is to
gered a tsunami in American Amanave rang his church build and maintain an effective, reliable, integrated, flexible
Samoa—the biggest earth- bells, providing a further
and comprehensive system that allows Americans to receive
quake of that year. KKHJ, the warning to locals to evacu-
alert and warning information through as many commu-
primary station in American ate the area. Although more
nication pathways as possible.49 But in a September 2009
Samoa’s Emergency Alert than 180 people perished in
report, GAO identified a number of challenges with IPAWS
System, issued 2 EAS alerts— the earthquake and tsunami,
implementation, including some related to the inclusion of
one after the earthquake hit the early warning system is
new technologies,50 stakeholder coordination51 and techni-
and a second when waters in credited with saving lives.
cal issues.52 States and localities need additional resources to
upgrade their alerting operations to effectively access IPAWS.
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Further, the federal government should disseminate informa- outlets, sent to wireless and wireline phones within the af-
tion about IPAWS development and deployment. fected area, posted on Internet feeds and websites sites, and
issued through any other communication outlet serving the
REcommENdatioN 16.16: the Fcc should launch a com- affected area. That would ensure the public is informed of an
prehensive next-generation alert system inquiry. emergency and has the information it needs to protect itself.
The FCC should quickly begin a proceeding exploring all The FCC’s inquiry should focus primarily on how to develop
issues for developing a multiple-platform, redundant next- such a system.
generation alert system. Next-generation alerting should FEMA’s development of IPAWS should help ensure that a
include delivery of emergency alerts throughout the nation ubiquitous alert transmission system is available to accommo-
via broadband. The inquiry should consider Emergency Alert date multiple alert platforms and participation by all federal,
System (EAS) and Commercial Mobile Alert Service (CMAS) state, Tribal, local and private sector alert stakeholders. There
developments, as well as FEMA’s development of IPAWS. It also needs to be a comprehensive evaluation of the ability of
also should consider all potential multiplatform technologies, alert managers to participate in IPAWS when launched.
including the use of emergency alerts via video programming A comprehensive inquiry will allow the FCC to obtain input
on the Internet. The inquiry should determine how best to on the alerting system’s future and to form a new regulatory
ensure all Americans can receive timely and accurate alerts, framework for next-generation alerting. This inquiry should
warnings and critical information about emergencies regard- focus on the wide-ranging technical, legal and policy issues as-
less of the communications technologies used. sociated with this new multi-platform system. The proceeding
The FCC has not yet begun a wide-ranging inquiry into should analyze the developing IPAWS architecture to evalu-
next-generation alerting. Such an inquiry can bridge the gap ate the ability of IPAWS to support a broadband-based, next
from the current EAS and CMAS systems to a comprehensive generation alert system. The inquiry also should examine the
next-generation alerting system by detailing an implementa- needs of state, Tribal and local emergency alert originators
tion strategy. Such a proceeding should be initiated. in utilizing the next-generation alerting system; what assis-
Next-generation technologies will transform the informa- tance, if any, the FCC and its federal partners should provide
tion delivery capabilities of both EAS and CMAS. They can to address those needs; and what actions the FCC and federal
also increase the effectiveness of alerts during emergencies. partners should take to ensure the system’s timely develop-
Emergency managers could provide alerts to communities ment and deployment.
now served poorly—such as persons with disabilities and
non-English speakers—and provide improved alert file “trails” REcommENdatioN 16.17: the executive branch should
containing valuable information, such as full-motion videos clarify agency roles on the implementation and mainte-
of radar-tracked storm systems. Emergency alerts in Internet nance of a next-generation alert and warning system.
video format would allow emergency alert originators to reach The Executive Branch through an interagency policy council
people who are not, at the time, listening to broadcast radio or through a directive should take action by executive order,
and television or other current sources of alerts. Providing federal interagency policy committee or other formal means, to
alternative methods for distributing emergency alerts to all clarify the responsibilities of each federal agency in the imple-
Americans will save lives. However, the systems that as- mentation, maintenance and administration of next generation
semble, manage and transmit alerts will need to be upgraded to alerting systems. This action should also set milestones, bench-
accommodate broadband. marks and necessary actions for implementation and establish
The system should alert the public of emergencies through a system of accountability among the federal agencies respon-
all possible means of communications. In the event of a tor- sible for emergency alerting.
nado, for example, alerts would be broadcast on local media
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CHAPTER 16 ENDNOTES
1 Under this approach, for example, the public safety individuating end-user devices and other aspects of the partners coordinating committee that includes DHS,
licensee(s) is afforded the flexibility to enter into edge network to meet public safety requirements, and the Department of Justice, NIST and the National
agreements with commercial partners for construction also to employ satellite, aircraft or other technologies Telecommunications and Information Administration
and operation of their 700 MHz network. to extend coverage to rural areas. See, e.g., Letter from (NTIA) and that leverages the Emergency
2 Based on the results of the 2006 National Lucian Randolph, CEO, Planet TV Air-Tower Systems, Communications Preparedness Center (ECPC).
Interoperability Baseline Survey, the 2007 UASI to Marlene H. Dortch, Secretary, FCC GN Docket No. 13 This includes 20 new engineering and technical
Tactical Interoperability scorecards, and 2008/2009 09-51, (Nov. 12, 2009) (Planet TV Nov. 12, 2009 Ex personnel, travel and office expenses, computing and
information provided by each state regarding its Parte) at 9; Space Data Reply in re National Broadband simulation equipment and contracting with NIST for
Statewide Communications Interoperability Plans, Plan NOI, filed July 21, 2009, at 3; Iridium Satellite standards development and testing. omnibuS broaDbanD
it is possible to estimate that a majority of the UASIs Comments in re National Broadband Plan NOI, filed initiative, tHe public Safety broaDbanD wireleSS
and states are at approximately an intermediate level June 8, 2009, at 4–5; MSS/ATC Coalition Comments in network (forthcoming) (obi, tHe public Safety
of interoperability. See generally Dep’t of HomelanD re National Broadband Plan NOI, filed June 8, 2009, at broaDbanD wireleSS network).
Sec., 2006 national interoperability baSeline Survey 5–6; Spacenet Inc. Comments in re National Broadband 14 This advisory committee should be made exempt
(2006), available at http://www.safecomprogram. Plan NOI, filed June 8, 2009, at 9. The Commission from the Federal Advisory Committee Act. Secondly,
gov/NR/rdonlyres/40E2381C-5D30-4C9C-AB81- should also explore how to best meet public safety Congress should ensure appropriate funding for ERIC to
9CBC2A478028/0/2006NationalInteroperability requirements through a variety of means, including the enable the FCC to pay for reasonable travel expenses of
BaselineSurvey.pdf; Dep’t HomelanD Sec., tactical use of commercial infrastructure to be procured by the the public safety advisory committee members.
interoperable communicationS ScorecarDS Summary public safety broadband licensee. 15 Under this model, public safety entities, as authorized by
report anD finDingS (2007), available at http:// 7 This serves the added purpose of allowing the public the FCC, should be allowed to select entities they want
www.dhs.gov/xlibrary/assets/grants-scorecard- safety licensee(s) to leverage infrastructures that to partner with to construct and operate their networks,
report-010207.pdf; Dep’t of HomelanD Sec., utilities might currently have. Therefore, access to consistent with FCC, including ERIC, requirements.
national Summary of StatewiDe communication utilities’ towers and other structures may be part of any 16 Many state and local jurisdictions have enacted
interoperability planS (ScipS) (2009), available at secondary usage program. regulations requiring the installation of transmitters
http://www.safecomprogram.gov/NR/rdonlyres/ 8 See, e.g., APCO Comments in re NBP PN #8, (Additional or other equipment within buildings to improve in-
C6C0CD6A-0A15-4110-8BD4-B1D8545F0425/0/ Comment Sought on Public Safety, Homeland Security, building coverage for public safety narrowband voice
NationalSummaryofSCIPs_February2009.pdf. As and Cybersecurity Elements of National Broadband networks. State and local governments should consider
set forth in the Goals of the National Emergency Plan—NBP Public Notice #8, GN Docket Nos. 09-47, implementing similar in-building coverage requirements
Communications Plan, DHS plans to assess each of the 09-51, 09-137, PS Docket Nos. 06-229, 07-100, 07-114, for public safety broadband communications.
nation’s 60 largest urban areas’ ability to clearly achieve WT Docket No. 06-150, CC Docket No. 94-102, WC 17 To achieve the 99% population coverage, externally
response-level communications by September 30, 2010, Docket No. 05-196, Public Notice, 24 FCC Rcd 12136 mounted antennas are assumed for use in highly rural
and will evaluate each of the more than 3,000 counties (PSHSB 2009) (NBP PN #8)) filed Nov. 12, 2009, at areas of the country.
in the United States by September 30, 2011. See Dep’t of 11; AT&T Comments in re NBP PN #8, filed Nov. 12, 18 The cost basis for this funding request will be released
HomelanD Sec., national emergency communicationS 2009, at 2; Verizon and Verizon Wireless Comments in subsequently in an obi, tHe public Safety broaDbanD
plan 6–7 (2008), available at http://www.dhs.gov/ re NBP PN #8, filed Nov. 12, 2009, at 6; Public Safety wireleSS network . These capital costs include
xlibrary/assets/national_emergency_communications_ Spectrum Trust Comments in re 700 MHz Public Safety leveraging approximately 41,600 commercially
plan.pdf. Broadband Networks Waiver PN (Public Safety and deployed sites, 3,200 rural sites (a blend of new and
3 Eur. Telecomm. Standards Inst. [ETSI], Project Homeland Security Bureau Seeks Comment on Petitions upgraded sites, with vehicles being mounted with
MESA; Technical Specification Group—System; System for Waiver to Deploy 700 MHz Public Safety Broadband externally deployed antennas), hardening of all sites,
and Network Architecture, at 20, ETSI TR 102 653 Networks, PS Docket No. 06-229, Public Notice, DA and providing deployable caches of equipment at the
V3.1.1 (2007–2008), available at http://www.etsi.org/ 09-1819 (rel. Aug. 4, 2009) (700 MHz Public Safety state and local level.
deliver/etsi_tr/102600_102699/102653/03.01.01_60/ Broadband Networks Waiver PN) at 11. 19 This figure is based on an annual RAN fee for managed
tr_102653v030101p.pdf. 9 See New and Emerging Technologies 911 Improvement services, additional costs for rural services and an annual
4 See Implementing a Nationwide, Broadband, Act of 2008, Pub. L. No. 110-283, 122 Stat. 2620 (2008) OA&M including transport managed services fee. obi,
Interoperable Public Safety Network in the 700 MHz (NET 911 Act) amending Wireless Communications and tHe public Safety broaDbanD wireleSS network.
Band, PS Docket No. 06-229, Second Report and Order, Public Safety Act of 1999, Pub.L. No. 106-81, 113 Stat. 20 Most of these jobs will be in services and operations,
22 FCC Rcd 15289 (2007). 1286 (1999) (Wireless 911 Act). while a smaller percentage will be in product
5 Comments submitted in the Commission’s 700 MHz 10 To the extent that other users are permitted on a public development and manufacturing. obi, tHe public
D block proceeding suggest a number of possible safety network, ERIC will also be responsible for Safety broaDbanD wireleSS network.
explanations. See, e.g., Association of Public Safety working on establishing common priorities. 21 Such a fee should be modest. Operating expenses for the
Communications Officials-International, Inc. (APCO) 11 ERIC’s mission can also be extended over time to serve first 2 years of network operation are estimated at $500
Comments in re 700 MHz Third Further Notice (Service other functions, such as coordinating PSAP access to million.
Rules for the 698–746, 747–762 and 777–792 Bands; the network and improving interoperability for mission 22 See 6 U.S.C. § 575. This statute mandates the formation
Implementing a Nationwide, Broadband, Interoperable critical voice. of RECC working groups, id. at § 575(a), and charges
Public Safety Network in the 700 MHz Band, WT Docket 12 The FCC should consider a membership comprised them with, among other duties, “assessing the
No. 06-150, PS Docket No. 06-229, Third Further of representatives of state and local public safety survivability, sustainability and interoperability of local
Notice of Proposed Rulemaking, 23 FCC Rcd 16661 agencies, public safety trade associations, the Public emergency communications systems.” Id. at § 575(d)(1).
(2008) (700 MHz Third Further Notice)), filed June 20, Safety Spectrum Trust, federal user groups, and This section does not direct the working groups to focus
2008, at 3; Verizon Wireless Comments in re 700 MHz SAFECOM. The FCC should also consider appropriate on broadband infrastructure.
Third Further Notice, filed June 20, 2008, at 2 . representation from industry representatives and 23 These surveys should include information to be provided
6 The record includes proposals, for example, for public representatives of equipment vendors and service to ERIC on the current status of interoperability for the
safety agencies to use existing core infrastructure while providers. The FCC should also establish a federal public safety broadband network.
328 F e d e r a l c o m m u n i c at i o n s c o m m i s s i o n | w w w. b r o a d b a n d.g o v
a m e r i ca’ s p l a n c h a p t e r 1 6
CHAPTER 16 ENDNOTES
24 fcc, fcc prepareDneSS for major public emergencieS, 34 In fact, estimates of residential-access network capacity 47 See Federal Emergency Management Agency,
cHairman’S 30 Day review (2009), available at http:// suggest that current networks can carry between 1/100 Integrated Public Alert and Warning System (IPAWS):
hraunfoss.fcc.gov/edocs_public/attachmatch/DOC- and 1/10 of their advertised per-user capacity. See also Success Stories, http://www.fema.gov/emergency/
293332A1.pdf. AT&T Comments in re National Broadband Plan NOI, ipaws/successstories.shtm (last visited Mar. 5, 2010)
25 See Letter from Diane Cornell, Vice President of filed June 8, 2009, at 67–69; Telcordia Comments in re (IPAWS Success Stories).
Government Affairs, Inmarsat, to Marlene H. Dortch, National Broadband Plan NOI, filed June 8, 2009, at 19. 48 See Federal Emergency Management Agency,
Secretary, FCC, GN Docket Nos. 09-47, 09-51, 09-137, 35 Research and Innovative Tech. Admin., Next Generation Integrated Public Alert and Warning System (IPAWS),
WC Docket No. 02-60 (Dec. 4, 2009) at 7. 911 Concept of Operations, Fig. 4-2, http://www.its.dot. http://www.fema.gov/emergency/ipaws/ (last visited
26 See 47 U.S.C. § 5172(a)(1)(B); office of tHe preSiDent, gov/ng911/pubs/concept_operations.htm (last visited Feb. 15, 2010).
tHe feDeral reSponSe to Hurricane katrina: Feb. 15, 2010). 49 gao, emergency prepareDneSS: improveD planning
leSSonS learneD 58–59 (2006), available at http:// 36 See generally NENA Comments in re NBP PN #8, filed anD coorDination neceSSary for moDernization anD
georgewbush-whitehouse.archives.gov/reports/katrina- Nov. 12, 2009. integration of public alert anD warning SyStem
lessons-learned.pdf. 37 PSST Comments in re NBP PN #8, filed Nov. 12, 2009, 14 (2009) (gao emergency prepareDneSS report),
27 Ann Arnold, President, Tex. Ass’n of Broadcasters, at 2. available at http://www.gao.gov/new.items/d09834.pdf
Statement at FCC Summit: Lessons Learned: Hurricane 38 u.S. Dep’t of tranSp., next generation 911 (ng9-1-1) (noting that capabilities to distribute emergency alerts
Seasons 2008 (Dec. 11, 2008) available at http://www. SyStem initiative, final analySiS of coSt, value, anD and warnings through e-mails, telephones, text message
fcc.gov/realaudio/mt121108.ram (1:00:35). riSk (Mar. 5, 2009) (Dot ng911 coSt StuDy). devices, cell phones, pagers and Internet-connected
28 For-profit entities should be deemed eligible for 39 Intrado Comments in re NBP PN #8, filed Nov. 12, desktops have not been implemented).
assistance only when the need for their services exceeds 2009, at 11. 50 gao emergency prepareDneSS report at 20–24.
the capabilities of the private sector and any relevant 40 For instance, through the 911 Access Program, the Rural 51 gao emergency prepareDneSS report at 24–26.
state, Tribal and local governments, or relates to an Utilities Service provides low-interest loans to state and Challenges identified by GAO included lack of
immediate threat to life and property, is critical to local governments, Indian tribes and other entities for redundancy, gaps in coverage, systems integration,
disaster response or community safety, or relates to facilities and equipment to improve 911 access in rural standards development, development of geo-targeted
essential federal recovery measures. areas. Food, Conservation, and Energy Act of 2008, Pub. alerting and alerts for people with disabilities and those
29 See Mike McConnell, Op.-Ed., Mike McConnell on How L. No. 110-246, §6107, 122 Stat. 1651, 1959 (2008); see who do not speak English. In response to the report,
to Win the Cyber-War We’re Losing, waSH. poSt, Feb. E911 Grant Program, 74 Fed. Reg 29,967 (June 5, 2009). the DHS agreed with GAO’s recommendations for
28, 2010, http://www.washingtonpost.com/wp-dyn/ 41 u.S. Dep’t of tranSp., next generation 911 (ng9-1-1) addressing these concerns and has begun to address
content/article/2010/02/25/AR2010022502493.html. SyStem initiative, final analySiS of coSt, value, anD many of these challenges. See Written Statement of
(McConnell, How to Win the Cyber-War). riSk (Mar. 5, 2009) (Dot ng911 coSt StuDy). Damon Penn, Assistant Administrator, FEMA before
30 McConnell, How to Win the Cyber-War. 42 See Peter Svensson, Iowa 911 Call Center Becomes the Committee on Transportation and Infrastructure,
31 Steven Chabinsky, Deputy Ass’t Director-Cyber First to Accept Texts, abc newS, Aug. 5, 2009, http:// Subcommittee on Economic Development, Public
Division, Fed. Bureau of Investigation (FBI), abcnews.go.com/Technology/wireStory?id=8259735 . Buildings and Emergency Management, U.S.
Testimony before the U.S. Senate Judiciary Committee, 43 Real-Time Text is a feature that allows users to see text House of Representatives (Sept. 30, 2009), http://
Subcommittee on Terrorism and Homeland Security as it is typed into a text interface. republicans.transportation.house.gov/Media/file/
(Nov. 17, 2009). The FBI considers the cyber threat 44 NENA Comments in re NBP PN #8, filed Nov. 12, 2009, TestimonyEDPB/2009-09-30-Penn.pdf.
against the nation to be “one of the greatest concerns of at 18–20. 52 See Radio World, EAS Trigger Saved Lives in Samoa
the 21st century.” Id. 45 See NENA Comments in re NBP PN #8, filed Nov. 12, Tsunami (Sept. 20, 2009), http://www.radioworld.
32 verizon buSineSS, 2008 Data breacH inveStigationS 2009, at 18–20. com/article/87954; Bill Hoffman, Lucky To Be Alive
report 2–3 (2008), available at http://www. 46 See Wireless E911 Location Accuracy Requirements; After Tsunami Destroys Dream Resort, new zealanD
verizonbusiness.com/resources/security/ Revision of the Commission’s Rules to Ensure HeralD, Oct. 1, 2009, available at http://www.
databreachreport.pdf. Compatibility with Enhanced 911 Emergency Calling nzherald.co.nz/american-samoa/news/article.cfm?l_
33 The Commission will have to allocate funding to obtain Systems; 911 Requirements for IP-Enabled Service id=500605&objectid=10600668.
a vendor to develop audit criteria and to accredit third- Providers, PS Docket No. 07-114, CC Docket No. 94-102,
party certification bodies. Congress should consider WC Docket No. 05-196, Notice of Proposed Rulemaking,
public funding for the FCC in its next budget and on an 22 FCC Rcd 10609 (2007).
ongoing basis as required.
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